WILD VIRGINIA, Virginia Wilderness Committee, Upstate Forever, South Carolina Wildlife Federation, North Carolina Wildlife Federation, National Trust for Historic Preservation, MountainTrue, Haw River Assembly, Highlanders for Responsible Development, Defenders of Wildlife, Cowpasture River Preservation Association, Congaree Riverkeeper, the Clinch Coalition, Clean Air Carolina, Cape Fear River Watch, Alliance for the Shenandoah Valley, and Alabama Rivers Alliance, Plaintiffs,
v.
COUNCIL ON ENVIRONMENTAL QUALITY, and Brenda Mallory in Her Official Capacity as Chair of the Council on Environmental Quality, Defendants, and
American Farm Bureau Federation, American Forest Resource Council, American Fuel & Petrochemical Manufacturers, American Petroleum Institute, American Road & Transportation Builders Association, Chamber of Commerce of the United States of America, Federal Forest Resource Coalition Interstate Natural Gas Association of America, and National Cattlemen's Beef Association, Defendants-Intervenors.
United States District Court, W.D. Virginia, Charlottesville Division.https://leagle.com/images/logo.png
Signed June 21, 2021.
Signed June 21, 2021.
Attorney(s) appearing for the Case
Kimberley Hunter , Senior Attorney, Southern Environmental Law Center, Chapel Hill, North Carolina, for Plaintiffs.
Clare M. Boronow , Trial Attorney, Environment and Natural Resources Division, United States Department of Justice, Denver, Colorado, for Defendants.
Michael B. Kimberly , McDermott Will & Emery LLP, Washington, D.C., for Defendants-Intervenors.
Allen M. Brabender , Attorney, Steven W. Barnett , Attorney, Matthew R. Oakes , Senior Counsel, Environment and Natural Resources Division, United States Department of Justice, Washington, D.C., and Krista Consiglio Frith , Assistant United States Attorney, United States Attorney's Office, Roanoke, Virginia, for Defendants.
Joshua D. Rogaczewski , McDermott Will & Emery LLP, Washington, D.C., for Defendants-Intervenors.
Mark H. Churchill , Holland & Knight, LLP, David C. Smith , Director, Legal Department, Southern Ute Indian Tribe, and Thomas H. Shipps , Maynes, Baradford, Shipps & Sheftel LLP, for Amicus Curiae Southern Ute Indian Tribe.
Isak Howell , Roanoke, Virginia, for Amici Curiae Former CEQ Officials Dinah Bear, Nicholas C. Yost, Gary Widman, and Christy Goldfuss.
Cale A. Jaffe , Environmental Law and Community Engagement Clinic, University of Virginia School of Law, Charlottesville, Virginia, Shaun Goho and Thomas Landers , Emmett Environmental Law & Policy Clinic, Harvard Law School, Cambridge, Massachusetts, for Amici Curiae Members of Congress Thomas R. Carper, Peter A. DeFazio, and Raúl M. Grijalva.
Evan Dimond Johns , Appalachian Mountain Advocates, Lewisburg, West Virginia, and John C. Ruple , S.J. Quinney College of Law, University of Utah, Salt Lake City, Utah, for Amici Curiae Law Professors.
OPINION
James P. Jones, United States District Judge.
The plaintiffs in this case, various conservation groups, suing under the Administrative Procedure Act, challenge the Council on Environmental Quality's adoption of revised regulations implementing the National Environmental Policy Act (NEPA) following an allegedly defective notice...
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